Chamber of Commerce v. Whiting

Chamber of Commerce v. Candelaria (NIJC as amicus, Supreme Court)

This case asked whether an Arizona statute which creates state provisions regarding employment of undocumented individuals – including requiring the use of the federal electronic employment verification system and harshly punishing employers who hire undocumented workers – was pre-empted by the federal IRCA statute, where Congress created uniform employment rules. 

NIJC, along with the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC), submitted a Supreme Court amicus brief with a detailed analysis of federal employment statutes, including the I-9 process and the significant ways in which the Arizona statute differs from Federal law.

On May 26, 2011, the Supreme Court upheld the Arizona statute in a 5-3 decision.

Read the NIJC/AILA/AIC amicus brief.

Read the petitioner’s brief.

Read the Supreme Court decision.

View other briefs, listen to the oral argument, an read SCOTUS Blog analysis of the case here.